31 Tex. Admin. Code § 155.24 - Content of Draft Environmental Impact Statement

(a) The board may require that a draft environmental impact statement be prepared in accordance with either § 155.4(b) or (c) of this title (relating to Permits), depending on the nature, magnitude, and extent of activities and uses proposed on state-owned lands and flats. The scope and depth of information included within the draft environmental impact statement will usually be related to the magnitude of the proposed project and the potential environmental impact.

(b) The draft environmental impact statement is an assessment of the impact of the proposed action or project upon the variety of existing environmental elements and factors. This environmental assessment is multidisciplinary and may involve any number of scientific, economic, and social disciplines, all of which should be employed in discussing the following main points which comprise the draft environmental impact statement:

(1) a description of the proposed action or project including information and adequate technical data to permit careful assessment of impact;

(2) the probable impact of the proposed action or project on the environment;

(3) any probable adverse environmental effects which cannot be avoided;

(4) alternatives to the proposed action or project;

(5) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity;

(6) any irreversible and irretrievable commitments of resources which would be involved in the proposed action or project, should it be implemented;

(7) where appropriate, a discussion of problems and objections raised by other federal, state, and local agencies and by private organizations and individuals;

(8) such additional information as the board may deem necessary.

(c) A draft environmental impact statement will be required in accordance with these guidelines for a project considered by the board to have a significant impact on the environment. The phrase "a significant impact on the environment' will be construed by the board with a view to the overall, cumulative impact of the proposed use, related and contemplated actions and projects by cities and navigation districts in the area, and current and contemplated actions and projects in the area by other entities. The board is cognizant that the effect of a project or complex of projects can be individually insignificant but cumulatively significant, and will require a draft environmental impact statement in accordance with these guidelines if it is reasonable to anticipate a cumulatively significant impact on the environment from a proposed activity or from a combination of current and proposed activities in any particular area. Such statement should address the following unless specifically waived by the board:

(1) location of the coastal public lands or state-owned lands or flats for which a lease is sought. This information should be in the form of an up-to-date National Ocean Survey (formerly Coast and Geodetic Survey) nautical chart depicting the location of the area in relation to U.S.G.S. bench marks. The map called for by this subsection is in addition to any additional map or survey plats which may be required of an applicant as a part of the application for a lease;

(2) a detailed description of the proposed use of the state-owned lands or flats. The information called for by this subsection relates only to the dredging, filling, excavating, bulkheading, construction, or other activity or to that portion of such activities which takes place upon state-owned lands. Information concerning such activities upon privately-owned land, of which the proposed activities upon state-owned land may be a component is required by the following subsection. The description called for by this subsection should cover such points as kind of structure or facility proposed, construction techniques, materials to be used, time frame in which construction is to take place, expected period of operation of the structure or facility, kind, extent, and frequency of any maintenance construction or activity which may be necessary, and expected or possible fluctuations in operation or use of the proposed activity, structure, or facility. The information herein required will be acceptable if in the form of drawings, charts, or reports, and should be submitted in such form if clarity and conciseness will be served. If appropriate, the drawings or diagrams may be incorporated into the map called for in the preceding section. If the proposed activity upon or use of state-owned lands involves dredging, excavating, filling, or dredged material disposal, the applicant should also provide the information called for in paragraph (15) et seq. of this subsection;

(3) a detailed description of the activity, structure, or facility upon district or privately-owned land, if any, of which the proposed activity, use, structure, or facility upon state-owned land is a component. The points set out in subsection (b) of this section should be covered; the information may be submitted in the form of drawings, charts, or reports, and may be incorporated into the map called for in paragraph (1) of this subsection;

(4) the full extent, indicated upon the map called for by paragraph (1) of this subsection, of any and all contemplated future activities, structures, or facilities of which the activities, structures, or facilities covered by paragraphs (2) and (3) of this subsection are, or may be, components. Include also a brief description of other projects in the area-current, proposed, or completed-in which the applicant is, has been, or will be involved. If this subsection is not applicable, the applicant should so state;

(5) a statement of the purpose to be served by the activities, structures, or facilities described in paragraphs (2), (3), and (4) of this subsection, and a complete analysis of the need for such activities, structures, or facilities. Any population or economic growth assumptions upon which the need for the proposed activity, structure, or facility is premised, are to be identified and the sources cited. The applicant should take care to distinguish between projects which are proposed in response to and in order to meet anticipated economic and population growth, on the one hand, and projects which are proposed to stimulate and encourage economic and population growth in a particular area, on the other hand. The applicant should, in addition, specifically state whether its proposed project is properly included in the first group identified above, in the second group, or in some other classification;

(6) a detailed description of the environment which will be affected by the activities, structures, or facilities described in paragraphs (2)-(4) of this subsection. This description should include detailed data on the following environmental considerations of the area as the area exists prior to initiating the proposed activity, structure, or facility, indicating unique features under any category:

(A) Air quality, climate, and weather;

(B) Noise factors;

(C) Water resources. Water quality and hydrography, including updated water depths, circulation, salinity, and temperature, should be presented on United States Geological Survey base maps, National Ocean Survey nautical charts, or other suitable base maps. The location and rates of freshwater inflows to the area, the water quality of the bays and estuaries in the area, and the water quality of the rivers and smaller streams in the area are to be also indicated;

(D) Geology, topography, and soils. The applicant should provide descriptions and map the location of geologic formations, soil types, mineral resources, construction materials present and any areas of erosion, accretion, or subsidence;

(E) Vegetation. Submergent and emergent macrophytes and planktonic flora in the aquatic system and the vascular plants of the terrestrial system should be surveyed seasonally and mapped with respect to plant communities present. For each community during a given season, provide a measure of species diversity and dominance, as well as a direct measure or index of biomass. Include an expanded list of plant species found in the impacted area as well as range maps and population density estimates for any rare or endangered plant species;

(F) Fauna. Plankton (including phytoplankton), nekton, and benthos in the aquatic system and important invertebrates (e.g., important food chain organisms, pest species, etc.) and all vertebrates in the terrestrial system should be surveyed and listed with indication of seasonal abundance and occurrence. For each group in the aquatic system seasonal and annual estimates of species diversity and dominance should be provided, along with an appropriate measure or index of abundance. Quantitative population estimates should be made of terrestrial vertebrates of economic significance and of others particularly suited to census. Annotate species lists with subjective evaluations of occurrence and abundance for all vertebrate animals not censused. In both systems annotate species lists to indicate any rare or endangered species, and for these species, provide range maps and population estimates. Describe and map any environmentally sensitive areas such as bird nesting colonies or important feeding grounds, stopover areas where migratory birds become concentrated in spring and fall, intertidal marsh areas, oyster reefs, important spawning or nursery grounds for fish and shellfish, and fish migratory routes and passes. Based upon the information gained from inventory studies, a discussion of species-environment interrelationships should be provided such that the impacts of the proposed activity can be predicted and evaluated. The discussion should describe functional aspects of community organization such as area usage, trophic relationships, and food webs, and life histories of important animals and plants as they are relevant to community dynamics. An assessment of community uniqueness and importance to surrounding areas is requisite in this paragraph;

(G) Sites of special scenic, archeologic, or historic significance;

(H) Current land use (mapped) and land use history of the general area;

(I) A concise summary of unique or significant features mentioned above (e.g., endangered species, archeological sites, unusual plant communities).

(7) the relationship of the proposed activities, structures, or facilities to land use, air quality, water quality, and waste disposal plans, policies, and controls for the impacted area. Include up-to-date maps depicting existing and use plans for the area and letters of assurance or other evidence of planning coordination with the concerned federal, state, and local agencies. Where a conflict or inconsistency exists, describe the extent to which the applicant has reconciled its proposed action with the plan, policy, or control, and the reasons the applicant has decided to proceed notwithstanding the absence of full reconciliation;

(8) the probable environmental impact of the proposed action. Assess the probable impacts of specific activities, structures, and/or facilities which are proposed, upon the variety of existing environmental elements and factors inventoried in paragraph (6) of this subsection. Both direct (or primary) and indirect (or secondary) consequences for the environment should be included in the assessment. Secondary consequences of the proposed project could include, for example, population growth, economic growth, and demands upon the resource base of the impacted area. If the economic and population growth impacts are expected to be substantial, the applicant should identify where applicable, and discuss the implications of other proposed, approved, or current federal, state, or local plans, policies, or controls for accommodating such growth. Each impact should be documented and qualified to the extent possible. Attach as an appendix a copy of original field/lab data obtained during quantification. Where significant environmental impact is generated, discuss alternatives considered and explain the measures which are proposed to minimize undesirable impact;

(9) unavoidable adverse environmental impacts. Summarize those effects discussed in paragraph (8) of this subsection which are adverse and unavoidable under the proposed action;

(10) projected monetary cost/benefit analysis. Any price, cost, or benefit assumptions, especially those regarding fuel and water use, transportation, and recreation should be stated explicitly. All parameters under paragraph (6) of this subsection should be considered from an economic viewpoint and their calculated economic value substantiated. Estimated social and environmental costs are to be included in the analysis. Indicate the extent to which such costs have not been reflected;

(11) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. Discuss the extent to which the proposed action involves trade-offs between short-term environmental gains at the expense of long-term losses, or vice versa. Describe the cumulative and long-term effects of the proposed action which significantly reduce or enhance the state of the environment for future generations. Identify effects which narrow the range of beneficial uses for the future or pose long-term risks to health or safety. Explain why the proposed action is believed to be justified now, at the expense of reserving a long-term option for other alternatives;

(12) alternatives to the proposed action. A rigorous exploration and objective evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality or avoid some or all of the adverse environmental effects, is essential. The discussion should cover alternatives which require actions of a significantly different nature which would provide similar benefits with different environmental impacts; alternatives related to different design or details of the proposed project which would present different environmental impacts; alternative measures to provide for compensation of fish and wildlife losses, including the acquisition of land, waters, and interests therein; and the alternatives of taking no action or of postponing action pending further study. Discussion of the alternatives and their impacts should conform generally to the requirements herein for discussion of the proposed activity, structure, or facility. In each case, the analysis and discussion should be sufficiently detailed to reveal the applicant's comparative evaluation of the environmental benefits, costs, and risks of the proposed action and of each reasonable alternative. Where an existing impact statement already contains such an analysis, its treatment of alternatives may be incorporated provided that such treatment is current and relevant to the precise purpose of the proposed action;

(13) an indication of what other interests and considerations of state policy are thought to offset the adverse environmental effects of the proposed activity, structure, or facility. This subsection should also indicate the extent to which these stated compensating benefits could be realized by following reasonable alternatives that would avoid all or some of the adverse environmental effects;

(14) a discussion of problems and objections. Briefly discuss any objections, complaints, or problems which have been voiced against the proposed activity, structure, or facility, particularly those raised at public meetings;

(15) if the proposed activity upon or use of state-owned lands involves dredging, excavating, filling or dredged material disposal, the environmental impact statement must specifically cover the following points, in addition to those covered in paragraphs (1)-(14) of this subsection;

(A) dredging and excavating (including any activity which consists of the removal or movement of earth from a bay, channel, stream, salt water or brackish lake, or other water body);

(i) Describe the following:

(I) the bottom characteristics and benthic communities in the impacted area;

(II) the method of dredging to be used;

(III) secondary changes which occur from sedimentation and water quality degradation due to disturbances from dredging;

(IV) the effects of dredging activity on water quality;

(V) any extraneous material such as submerged cables, piles, pipelines, pipes, and other trash which must be removed, and the method to be used for the disposal of such;

(ii) State the quantity of material to be removed.

(iii) Describe the measures which will be taken to reduce adverse environmental impact (e.g., keeping erosion, turbidity, and siltation at the lowest possible level), and the procedures to be used to minimize impacts, such as silt screens, diapers, etc., and coordinating dredging activities with fishery and wildlife agencies to minimize the impact of unavoidable water quality degradation, noise pollution, etc.

(iv) Discuss in detail all alternatives to the proposed activity including the alternatives of no action and of choosing a different site.

(v) Discuss in detail the impacts resulting from choosing a different site.

(vi) Describe any irreversible and irretrievable commitment of resources, and specifically address the issue of whether the project will result in the commitment of the water body to a single-use purpose (such as navigation) at the expense of long-range environmental values.

(vii) State whether the project will result in a long-term or a short-term economic gain, and whether the gain is worth the environmental cost.

(B) filling (including dredged material disposal and any other activity which consists of the disposal of material, including material removed by excavating, by placing such material on dry upland areas, adjacent wetlands, or into deep water areas);

(i) Describe the following:

(I) the location and characteristics of the proposed disposal site;

(II) the present land use of the disposal site;

(III) the characteristics and origin of the material to be disposed, including nature and quality and quantity of material to be disposed, dewatering properties, compactability and settling rates of material to be disposed;

(IV) disposal schedule and the relation to migration and feeding habits of fish and wildlife.

(ii) Discuss the relationship of the applicant's disposal plans to any proposed, approved, or implemented comprehensive plan or policy for filling and dredged material disposal.

(iii) Discuss the following:

(I) the method of disposal to be utilized;

(II) the characteristics of ground water and/or surface water at the site;

(III) the type of leachates to be produced from the disposed material and plans for protection of water quality at the site;

(IV) Provisions for monitoring during discharge and precautions to prevent dumping at areas other than the disposal site.

(iv) Discuss impacts of disposal on water quality, on the fill or disposal area, on aquatic and wildlife in adjacent areas, on potential for erosion (at land disposal sites), on hydrologic patterns and possible interference with littoral drift patterns and circulation. Include a description of measures taken to reduce environmental impact, e.g., weirs, levees, dikes, etc.

(v) Discuss all alternatives including no action, reduced scope of action, different disposal site, different types and methods of dredging and disposal, and alternatives to dredging.

(vi) Discuss in detail the impacts resulting from choosing a different disposal site.

(vii) State whether the project will result in a long-term or a short-term economic gain, and whether the gain is worth the environmental cost.

(viii) Describe any irreversible and irretrievable commitment of resources, including effects of the project on possible loss of wildlife habitat and disruption of wildlife activities, and specifically address the issue of whether the project will result in the commitment of a water body or land area to a single use purpose at the expense of long-term environmental values.

(16) in developing the above points, the applicant should make every effort to convey the required information succinctly and in a form easily understood by members of the public and by public decisions makers. These guidelines are intended to be flexible to the extent that each point need not always occupy a distinct subsection if it is otherwise adequately covered. Any underlying studies, reports, or other information obtained and considered in preparing the statement should be footnoted and provided to the board;

(17) list the names and qualifications of the persons and/or concerns who prepared the environmental impact statement. The board recommends an interdisciplinary approach, including representatives from the natural and social sciences and environmental design technology.

Notes

31 Tex. Admin. Code § 155.24

The provisions of this §155.24 adopted to be effective January 1, 1976.